Why in the News?
A three-judge Bench of the Supreme Court of India recalled its May 16 verdict that had declared the granting of ex post facto environmental clearances (ECs) to construction projects as a “gross illegality” and “anathema” to environmental laws. This decision had struck down a 2017 notification and 2021 office memorandum of the Union Government that allows such retrospective clearances.
Key Points of Decision
- Majority Opinion:
- Chief Justice B.R. Gavai and Justice K. Vinod Chandran ruled to recall the May 16 verdict, which had declared the granting of ex post facto environmental clearances (ECs) as illegal.
- The majority emphasized the public interest in avoiding the demolition of ongoing construction projects, which could lead to significant financial losses and job cuts.
- They argued that retrospective clearances should be an exceptional measure rather than a routine practice, and these projects could continue if heavy penalties were imposed for violations.
- Dissenting Opinion:
- Justice Ujjal Bhuyan dissented, critiquing the majority for undermining environmental jurisprudence.
- Justice Bhuyan argued that granting ex post facto ECs violates the precautionary principle and undermines sustainable development, as it encourages illegal constructions that bypass environmental laws.
- He emphasized that environmental protection should not be compromised for development purposes.
Implications of the Judgement
- Development vs Environment: The decision underscores the tension between economic development and environmental protection, highlighting the judiciary’s role in ensuring sustainable development while addressing violations of environmental laws.
- Environmental Governance: It raises questions on judicial review of executive actions, emphasizing the need for effective regulatory compliance and policy frameworks that balance growth with ecological safeguards.
- Sustainability and Public Health: The ruling reinforces the importance of adhering to environmental laws to protect natural resources and public health, which is critical for India’s long-term sustainability and policymaking.
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